DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthcare Imaging Services Vic Pty Ltd
(AG2015/2650)

HEALTHCARE IMAGING SERVICES NURSES ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 MAY 2015

Application for approval of the Healthcare Imaging Services Nurses Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Healthcare Imaging Services Nurses Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthcare Imaging Services Vic Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 28 May 2105. The nominal expiry date of the Agreement is 17 October 2017.

[4] The Australian Nursing & Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Healthcare Imaging Services Vic Pty Ltd sought approval of the Healthcare Imaging Services Nurses Enterprise Agreement 2015. The matter was heard in the Fair Work Commission (FWC). The applicant argued that the agreement met the requirements under the Fair Work Act 2009 and should be approved. The dispute centred on whether the agreement complied with the Act's provisions concerning bargaining, registration, and the Fair Work Ombudsman's role.

The primary legal issues before the FWC were whether the agreement had been made in good faith, whether the parties had genuinely attempted to negotiate, and if the agreement met the criteria for registration. The FWC examined the process of negotiation and the content of the agreement to determine compliance with the Act. The applicant needed to demonstrate that the agreement was made without coercion, duress, or any other unfair labour practice and that it included all mandatory terms required by the Act.

The FWC found that the agreement was made in good faith and that the parties had genuinely attempted to negotiate. The Commission approved the agreement based on the evidence presented, which showed that all mandatory terms were included and that the process of negotiation had been fair. The FWC concluded that the agreement was compliant with the requirements of the Fair Work Act and approved the application.

As a result, the Healthcare Imaging Services Nurses Enterprise Agreement 2015 was approved for registration. The Commission's decision ensures that the agreement will be binding on the parties and will govern the employment conditions of the nurses covered by the agreement.

Healthcare Imaging Services Vic Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established